Terms and conditions of use
Terms and Conditions
Hello and welcome to the website of Mosambi Media. Thank you for trusting us. By using the website, you, the user is agreeing to comply with the following terms and conditions of use. It is suggested that you’re real all the pointers carefully. If you refrain from agreeing to them, it’s suggested that you abstain from using the site of Mosambi Media. The owner of this website is ‘Mosambi Media’. The term ‘User’ has been used to refer any person using the website and has registered on the website.
1. Acceptance of Agreement
The user agrees to the terms and conditions specified in the Terms of Use Agreement with respect to Mosambi Media’s website. This agreement constitutes the entire and only agreement between Mosambi Media and the user. This Agreement supersedes all prior or contemptuous agreements, representations, warranties and understandings with respect to the Mosambi Media, the Content and Materials (henceforth defined), products or services provided by or through the website, and the Subject matter of this Agreement. This Agreement may be amended or modified by Mosambi Media without any prior notice to the user. The latest agreement would be posted on the Mosambi Media’s website. By continuing to use the website it will be presumed that the User acknowledges the modified version of the Agreement and consents to the latest terms of use. The acceptance by any User of the Agreement is a prerequisite and mandatory. This acceptance is the result of clicking on the box earing next to the words "I have read and agree to the Terms and Conditions."
2. Photographs & Service
a. As a registered User of Mosambi Media, the website permits the upload of photographs from your mobile device and website. The same can be done via an internet connection. Connection charges levied by the service provider are the responsibility of the user. It is up to the user to subscribe to the Internet and have the necessary system requirements in order to use the service.
b. The user is solely and wholly responsible for all content uploaded from his/her account.
c. The user must not submit any content that is abusive or offensive to anyone. The user must not upload any content that contains any pornographic or obscene material, any material that may pose to be harmful to someone, illegal under any likable law or may provide a link to information that is harmful or illegal under ant likable law.
d. The user must not upload any copyrighted material or material that does not belong to him/her. In case the material is copyrighted the user must obtain appropriate permissions before submitting it to the Mosambi Media.
e. The website allows the user free storage space for their images on the Mosambi Media. The Mosambi Media reserves all rights to change this policy at any time by an amendment to the current Agreement posted on the website. The company Mosambi Media is not responsible in case of any loss of data by the user incase he/she does not maintain a backup copy of the images submitted to the Mosambi Media.
f. The Mosambi Media reserves all rights to modify images submitted to them as a part of the upload process.
g. The “Privacy Policy” further elaborates on the Sharing procedures and restrictions that the Mosambi Media abides by and expects of their users. The Mosambi Media under no circumstances shall acquire any ownership material over the material submitted by the user. However, the user must specifically agree that the Mosambi Media has the authorization to use the images submitted by him/her for the specific purpose of displaying them on the website and any other purpose that the user specifically authorizes.
3. Purchases
a. Print Quality:
The user must not challenge the quality of the any products as long as the product is an accurate depiction of the image selected by the user and on the medium mentioned in the description of the products.
b. Delivery of Order:
The stipulated time for delivery of the products will be 5-10 business days. The user will be intimated about the same after every purchase along with the receipt via email or sms. Complaints or request for refund must be communicated to the Mosambi Media within a reasonable period of placing the order. In case of delay in delivery time or misplacement of ordered products the user must contact the website through email or phone numbers provided on the website. This must be done within a week of the expiry of the delivery date. In case of a defect in the received product(s) the user must inform the Mosambi Media within a week of the delivery date.
c. Payment:
The order shall be considered confirmed only when the user receives a formal email and/or sms confirming the same. The user must agree to pay for any goods or services purchased from the Mosambi Media in accordance with the terms hereof. The user will be entitled to refunds in accordance with the terms mentioned in the agreement. Any claim to refunds will be heeded to only after complete verification of the written complaint.
4. Copyright
The content and materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or pub by the user of any such matters or any part of the Mosambi Media is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the except where the ownership rights to such Content and Materials already vested with you prior to upload to the website of Mosambi Media. You acknowledge that some of the Content and Materials on the website is the copyrighted work of third parties.
5. Limited License; Permitted Uses
The users are granted a non-exclusive, non-transferable, revocable license (a) to access and use the strictly in accordance with this Agreement; (b) to use the solely for internal, personal, non-commercial purposes; and (c) to print out discrete Content and Materials from the as permitted by the Mosambi Media , solely for internal, personal, non-commercial purposes and provided that the user maintains all copyright and other policies contained in such Content and Materials. No print-out or electronic version of any part of the website or its Content and Materials may be used by the user in any litigation or arbitration matter whatsoever under any circumstances
6. Registration
certain sections of, or offerings from, the Mosambi Media may require the user to register as a User by creating an Account. If registration is requested, the user agrees to provide the Mosambi Media with accurate, complete registration information. Each Account is for the user’s personal use only and shall not be created on behalf of any other person or entity. The user agrees that any Account registered by them shall not involve (a) any person other than the user making use of such Account; or (b) access through a single Account being made available to multiple users on a network. The user hereby agrees that the user shall be liable for any failure to prevent such unauthorized use of the user’s Account. The business Mosambi Media may suspend any account suspected of unauthorized use at any time Creating multiple Accounts for a single User with the purpose of abusing the Mosambi Media 's special offers (including introductory free prints)(the "Promotions and Offers") is strictly prohibited and considered abuse of the offer. The user agrees that they will not take part in abuse of Mosambi Media’s Promotions and Offers through the creation of multiple accounts. Mosambi Media may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.
7. Third Party Content and Advertisements
There might be some Third party content and materials on the website which will be accessible via the hyperlinks which might get displayed. However, Mosambi Media is not responsible for and assumes no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity or pornography in the statements, opinions, representations or any form of Content and Materials hearing on the website or are accessible via hyperlinks displayed.
8.. Unlawful Activity
Notwithstanding the terms of the Privacy Policy, the Mosambi Media reserves the right to investigate complaints or reported violations of this Agreement and to take any action Mosambi Media deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the user’s Account profile, email addresses, usage history, posted materials, IP addresses and traffic information.
9. Indemnification
The user agrees to indemnify, defend and hold the Mosambi Media and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to the user’s violation of this Agreement or use of the terms and condition .
10. Nontransferable
The user’s right to use the website is not transferable or assignable. Any password or right given to the user to obtain information or documents or any other access to the website is not transferable or assignable.
11. Disclaimer
THE CONTENT AND MATERIAL FROM OR THROUGH THE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE MOSAMBI MEDIA AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MOSAMBI MEDIA AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE MOSAMBI MEDIA AND USER. THIS AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE MOSAMBI MEDIA THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
12. Limitation of liability
a. The Mosambi Media and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable therefrom; (b) the unavailability or interruption of the or any features thereof; (c) the user’s use of the website ; (d) the Content and Materials contained on the website ; or (e) any delay or failure in performance beyond the control the Mosambi Media or any Affiliated Party.
b. THE AGGREGATE LIABILITY OF MOSAMBI MEDIA AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED INDIAN RUPEES SIXTHOUSAND ONLY (INR 6000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE MOSAMBI MEDIA AND ANY AFFILIATED PARTY.
13. Use of Information-
The Mosambi Media hereby reserves the right, and the user hereby authorizes Mosambi Media, to the use and assignment of all information regarding uses by the user and all information provided by the user in any manner consistent with the Privacy Policy. The user acknowledges that the user is responsible for whatever material the user submits, and the user, not the Mosambi Media, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright
14. Third-Party Services
a. Mosambi Media may allow access to or advertise certain third-party product or service providers ("Merchants") from which the user may purchase certain goods or services. The user understands that the Mosambi Media does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The Mosambi Media is not a party to the transactions entered into between the user and Merchants. The user agrees that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE MOSAMBI MEDIA, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE MOSAMBI MEDIA BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN THE USER AND MERCHANTS OR FOR ANY INFORMATION EARING ON MERCHANT SITES OR ANY OTHER HYPERLINKED TO OUR WEBSITE.
b. All rules, policies (including privacy policy) and operating procedures of Merchants will be available to the user while on any Merchant sites. Mosambi Media shall not be responsible for information provided by the user to Merchants. Mosambi Media and the Merchants are independent contractors and neither has authority to make any representations or commitments on behalf of the other.
15. Privacy Policy
The Mosambi Media Privacy Policy, as it may be modified from time to time, is hereby expressly made part of this Agreement.
16. Payments
The user represents and warrants that if the user is purchasing something from the Mosambi Media or from Merchants that (i) any credit information the user supplies is true and complete; (ii) charges incurred by the user will be honored by the user’s credit card company; and (iii) the user will pay the charges incurred by the user at the posted prices, including any likable taxes.
17. Reliance on Information
Mosambi Media may include statements concerning Mosambi Media 's operations, prospects, strategies, financial condition, future economic performance and demand for Mosambi Media 's products or services, as well as Mosambi Media 's intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond Mosambi Media's control. The user acknowledges that such information is not intended to be a substitute for representations expressly made to the user by Mosambi Media, if and when made, and that the users may rely upon such information at his/her sole risk and liability.
18.If the user believes that his/her work has been copied in a way that constitutes copyright infringement, please provide the Mosambi Media 's Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that the user claims has been infringed; c. A description of where the material that the user claims is infringing is located on the ; d. The user’s address, telephone number, and email address; e. A statement by the user that the user has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. An affidavit, made under penalty of perjury, that the above information in the user’s notice is accurate and that the user is the copyright owner or authorized to act on the copyright owner's behalf. The Mosambi Media’s Copyright Agent for notice of claims of copyright infringement on the website can be reached by directing an e-mail to the Copyright Agent at via our Helpdesk.
19. Information and Press Releases
the website contains information and press releases about Mosambi Media. The Mosambi Media disclaims any duty or obligation to update this information or any press releases. Information about companies other than Mosambi Media contained in any press release or otherwise, should not be relied upon as being provided or endorsed by Mosambi Media.
20. Legal Compliance
The user agrees to comply with all likable domestic and international laws, statutes, ordinances and regulations regarding the use of the and the Content and Materials provided therein.
21. Refund and Return Policy
We at Mosambi Media don’t give any refunds or accept return products as every product is customized and cannot be sold again. However, if the user has any complaints regarding the quality of the product, user can mail us on the email specified. Please note, however, that certain products and services mentioned on the website are sold by third parties or are linked to third party web sites, and Mosambi Media ¬shall have no responsibility or liability for those products or services. The user may obtain any additional information concerning the Mosambi Media 's refund and return policy, including the Mosambi Media 's mailing address at the ‘contact us’ page on the .
21.1 Refund Policy: Incorrect Photo Delivery
In the event that an incorrect photo is delivered with your order, we acknowledge and assure you of our commitment to rectify this error promptly. The following conditions apply to the refund process:
Refund Scope: The refund will be applicable to the specific product/item that contains the inaccurately delivered photo. This provision does not extend to a refund of the entire product, only the component associated with the incorrect photo.
Notification Period: To initiate the refund process, the customer must notify us of the incorrect photo within 7 days from the date of receiving the order. Notification should be sent to our Instagram official page or via email.
Verification Process: Upon receiving the notification, we will conduct a thorough verification to confirm the accuracy of the claim. This process may involve requesting additional information or evidence from the customer.
Refund Procedure: If the claim is verified and deemed legitimate, a refund will be issued for the specific product/item containing the incorrect photo. The refund will be processed in the Mosambi Wallet which can be used latter by the customers.
Exclusions: This refund policy does not cover cases where the customer provided incorrect or unclear photos during the order placement. It is the responsibility of the customer to ensure the accuracy of the provided images.
Modification of Photos: Any modifications made to the delivered photos by the customer post-receipt, including cropping, resizing, or any form of alteration, voids eligibility for a refund under this policy.
22. Cancellation Policy
Orders for the Mosambi Media’s printed products cannot be cancelled. Mosambi Media’s printing systems are completely automated, an order cannot be cancelled. No refunds will be given to the user. The user may complain regarding the order via Email or Phone call specified on the site.
23. Shipping and Delivery Policy
Mosambi Media dispatches all deliveries using Speed Post service via India Post. The estimated delivery time for the user’s order will vary based on the nature of product and the destination for shipping
Returned Orders: If an order is returned to us due to reasons such as an incorrect address, unclaimed package, or any other issue not caused by an error on our part, we reserve the right to charge the customer for additional shipping costs to reship the order.
Additional Shipping Charges: To reship the order, the customer will be required to cover the cost of shipping. We will inform the customer of the exact amount required for reshipment, including any applicable fees or charges. The customer can make the payment through the provided payment methods.
Address Verification: To minimize the risk of orders being returned, we strongly advise our customers to double-check and provide accurate shipping information during the checkout process.
24. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Pune, India, [and shall be governed by and construed in accordance with the laws of the Republic of India (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 18 and Section 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and the user’s information may be automatically assigned by the Mosambi Media in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Mosambi Media’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Mosambi Media’s rights under this Agreement shall survive any termination or modification of this Agreement. The Mosambi Media may terminate the user’s membership/Account or delete any Content and Materials uploaded by the user to the website at any time without notice for any reason including contravention of this Agreement or any likable law. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by the Mosambi Media with our acquiring bank from time to time.
25. Arbitration
Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by Mosambi Media to collect or recover damages for, or obtain any injunction relating to, operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pune, India, and judgment on the arbitration award Mosambi Media may seek any interim or preliminary relief from a court of competent jurisdiction in Pune, India necessary to protect the rights or property of the user and the Mosambi Media pending the completion of arbitration. Subject to the foregoing, the courts of New Delhi, India shall have jurisdiction over any dispute arising hereunder.
By proceeding with a purchase on our platform, you agree to abide by the terms and conditions outlined in this refund policy. We reserve the right to modify or update these terms without prior notice.